SB321: SB321 Workers' Compensation; chapter shall not apply to employees of an employer covered by and providing coverage under the federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 901; provide

Georgia's workers' compensation law (O.C.G.A. § 34-9-2) currently sets out which employers and employees the state system covers. This bill adds a new subsection saying the state chapter will not apply to employees whose employer is covered by, and provides coverage under, the federal Longshore and Harbor Workers' Compensation Act (33 U.S.C. Section 901 and related provisions). The federal law covers certain maritime workers, such as those working on docks, in shipyards, or at harbors. By adding this carve-out, the bill would prevent overlap between the state and federal systems for those specific workers, meaning employers who already provide the federal coverage would not also have to comply with Georgia's workers' compensation chapter for those employees. The bill repeals any conflicting laws but does not state a specific effective date beyond standard enactment.

• Adds a new subsection (g) to Georgia's workers' compensation law (O.C.G.A. § 34-9-2) creating an exemption for certain employers.
• Exempts employees from Georgia's workers' compensation chapter if their employer is covered by and provides coverage under the federal Longshore and Harbor Workers' Compensation Act.
• Applies the exemption to the federal law as amended and to its extensions, meaning future changes to that federal law would carry over.
• Repeals any existing Georgia laws that conflict with this new exemption.

Employers in Georgia's maritime and harbor-related industries, such as shipyards, docks, and harbor facilities, who already provide coverage under the federal Longshore and Harbor Workers' Compensation Act, along with their employees who would no longer be covered under the state workers' compensation system for those jobs.

Workers whose employers already carry federal longshore coverage would rely solely on the federal system rather than Georgia's state workers' compensation system for injury claims, changing which set of rules, benefits, and procedures applies if they are hurt on the job.

• Section 1 amends O.C.G.A. § 34-9-2 by adding subsection (g), which states the state workers' compensation chapter does not apply to employees whose employer is covered by and provides coverage under the federal Longshore and Harbor Workers' Compensation Act.
• The exemption explicitly includes the federal law 'as amended, and its extensions,' meaning it tracks future changes to the federal statute.
• Section 2 repeals all state laws and parts of laws that conflict with this new exemption.

1. 2025-03-04Senate Read and Referred (Senate)
2. 2025-03-03Senate Hopper (Senate)

• Mike Hodges (R, SD-003)Primary sponsor
• Steve Gooch (R, SD-051)
• Billy Hickman (R, SD-004)
• Ben Watson (R, SD-001)
• John Albers (R, SD-056)
• Randy Robertson (R, SD-029)

• workers' compensation
• maritime workers
• labor law
• employer coverage